QAZI KUTUBUDDIN HUSNUDDIN Vs. MUNICIPAL COUNCIL SINDI

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 of the Constitution of India and is seeking appropriate writ, order and directions for quashing and setting aside the order dated 16-11-1987 passed by respondent No. 3 in Revision No. 7 of 1986-87.

(2.) THE brief facts giving rise to the present petition is as follows: The petitioner was working as Pump Operator in Municipal Council, Sindi and he filed a revision being as Revision No. 7/1986-87 of Sindi before the respondent No. 3 under section 318 of Maharashtra Municipalities Act. This revision was directed against the order of the Chief Officer of respondent No. 1 dated 20-3-1987 whereby the Chief Officer had passed an order promoting respondent No. 2 as cashier in the pay scale of Rs. 260-495/- in supersession of the claim of the petitioner. The Additional Commissioner by his order dated 16-11-1987 directed the petitioner to prefer an appeal under section 308 of the Maharashtra Municipalities Act, 1965 before the Collector, Wardha for suspension of the resolution passed by the Municipal Council. The petitioner has challenged the said order passed by the Additional Commissioner under Article 226 of the Constitution of India. The petitioner has mainly challenged the said order on the ground that no appeal could be preferred under section 308 of the Maharashtra Municipalities Act and Additional Collector had no jurisdiction to decide the question regarding the order of promotion dated 20-3-1987 passed and the Chief Officer Municipal Council Sindi.

(3.) WE have heard the learned Counsel appearing on behalf of the petitioner, we have perused the copy of the petition and the annexures thereto. The respondents have not filed any reply to the petition. The writ petition was admitted on 26-7-1989.